What are the laws regarding unpaid invoices in Tenerife?
I have a client who is about 3 months overdue with 2 invoices.
I have sent the invoices several times and to date have only received 1 short email back from the client that basically said nothing at all.
The client keeps stalling, proclaiming a 'query' with one of the invoices, however this does not relate to both invoices and I also have back up proof that they are correct.
Also, the client has only mentioned the 'query' briefly once on the telephone to me, when I called after 2 months of receiving no correspondence whatsoever about the non-payment (and sending several emails). I have received no 'query' in writing at all.
So... I have a few questions.
In the UK, when an invoice is issued, a client has up to 3 months to pay. What is the law in Spain regarding this? Do you have to wait a certain period before you can make a denuncia, and if so how long?
Also, the invoices all have the requisite 15% deductions required for tax, as I am autonomo, and at the end of this tax year I will need the client to issue me a 'certificado de retenciones' for all deductions so that I can process my tax return correctly. I do not want my tax return messed up due to their inability to pay on time or issue correct paperwork.
Can anyone point me in the right direction of the laws regarding this on the relevant hacienda or social security websites please.
Thanks!
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get the baseball bat out,,,,,,,,,in the same boat here, did work for my pal,,now am getting the deaf ear. The hard bit now is getting paid not doing the work
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It's ridiculous isn't it! You do work on 'mate rates' and you still don't get paid! I think I will stop taking on work from mates in the future...
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We've a mutual acquaintance that might have the answer (ex owner of Tenerife Sun) , I'll ask him for you tomorrow morn when I see him.
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As I understand it, the law over here is very much on the side of the trader. There is no provision to withhold payment for "a query". You must pay first and "query" later.
You need to issue a "denuncia", for which you'll need the services of a fully qualified Abogado (although in some debt cases a Gestor can also do the work).
Once the process is complete, you have several options, including placing an embargo on the debtor's bank accounts. I'm not sure exactly how long the full process takes, but be prepared to spend some time chasing your abogado. Some of the local ones can be somewhat less "efficient" than UK lawyers, if you don't stay on their backs! It is also worth noting that it is less easy to claim costs over here, so keep an eye on the charges or you could end up "throwing good money after bad".
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